Terms of Use

TERMS OF USE

Effective Date: May 30, 2019

Acceptance of the Terms of Use

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("you" or "your") and OddJobbers, Inc., (“OddJobbers" or "we" or "us"). The website located at www.oddjobbers.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") are collectively referred to as the "OddJobbers Platform". The following terms and conditions, govern your access to and use of the OddJobbers Platform, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the OddJobbers Platform. By clicking accept or agree to these Terms of Use, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use. If you do not agree to this Agreement, you may not access or use the OddJobbers Platform.

By clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the OddJobbers Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with OddJobbers in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the OddJobbers Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the OddJobbers Platform or the Services.

MATERIAL TERMS AND NOTICES

As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge the following:

  • The OddJobbers Platform connects you to other users of the OddJobbers Platform.
  • Users of the OddJobbers Platform may provide or offer to provide services to other users. A user providing or offering to provide services is referred to herein as a “Provider” and a user requesting or receiving services is referred to herein as a “Customer”. The specific jobs posted on the OddJobbers Platform are referred to herein each as a “Job”.
  • Customers directly engage the services of Providers and Providers are neither an employee nor subcontractor of OddJobbers.
  • The OddJobbers Platform is licensed to you, not sold to you, and you may use the OddJobbers Platform only as set forth in these Terms of Use.
  • The use of the OddJobbers Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility.
  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the OddJobbers Privacy Policy.
  • We will resolve disputes arising under these Terms of Use through binding arbitration. By accepting this Agreement, as provided in greater detail in Section 26, you and OddJobbers are each waiving the right to a trial by jury or to participate in a class action.
  1. OddJobbers Platform Connects Users

    The OddJobbers Platform provides a marketplace and communication platform where college students ("Providers”) can locate potential customers, both individuals and businesses that reside in the United States ("Customers"), that are seeking to obtain assistance with the performance of chores and small jobs around their homes or places of business. The OddJobbers Platform further offers Providers digital marketing assistance, payment processing, and other digital services. Each Provider is a "User" for purposes of these Terms of Use. Each Provider shall create an account that enables such User to access the OddJobbers Platform. In addition to a User account, Providers must have their account approved prior to accessing the Providers functions through their User account. For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the OddJobbers Platform shall be referred to as the "Services.” It is up to the Providers to decide whether to provide Services to Customers contacted through the OddJobbers Platform. Only Providers, and not OddJobbers, provide the Services.

    Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Providers may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Providers must determine for themselves whether a Provider is qualified to perform the requested Service. Providers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

    ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE ODDJOBBERS PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF ODDJOBBERS. ODDJOBBERS MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. ODDJOBBERS DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. ODDJOBBERS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, PROVIDERS ARE NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ODDJOBBERS.

    YOU ACKNOWLEDGE AND AGREE THAT ODDJOBBERS IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. ODDJOBBERS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.

    Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know.

  2. Job Fees for Posted Jobs

    1. Job Fee. Customers shall be charged the rates each Customer offers via the OddJobbers Platform at the time the Job is posted (the “Job Fee”). Customers will be charged at the end of the Job using a Third-Party payment processor. The Provider will be responsible for calculating the amount to be charged upon Job completion. Similarly, as a Provider, you agree that the Job fees for the jobs that you fulfill shall be the amount disclosed to you prior to your acceptance of a Job and will not negotiate, barter or counter-offer.


    2. Excluded Services. Users hereby agree not to offer to perform, schedule, request, or perform any of the following as Jobs through the OddJobbers Platform (collectively, the "Excluded Services"):


      • Services that require a permit, including, but not limited to, remodeling, plumbing and electrical projects;
      • Services that requires a license or certificate;
      • Services that are professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;
      • Services that make the User unsafe or uncomfortable;
      • Services that involve the handling of weapons, explosives or hazardous materials;
      • Services that involve the transportation of and ridesharing among Users in any type of motor vehicle, aircraft or water craft; or
      • Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.


      OddJobbers may supplement this list of Excluded Services at any time by posting additional rules describing prohibited services on the OddJobbers Platform.

    3. Payments


    4. Users of the OddJobbers Platform contract for Jobs directly with other users. Except for the development and testing activities described in Section 29 below, OddJobbers is not a party to any contract for the Services. The OddJobbers Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Jobs, and make payments for these services directly from the Customer to the Providers.

    5. Payment Processing Service. You authorize us and the payment processing service retained by us (currently, Stripe) to facilitate the transaction of the Jobs and the payment remittance of all applicable charges and fees between you and other Users and between you and us. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement, located at https://stripe.com/legal (collectively, the "Stripe Terms of Service"). By agreeing to this Terms of Use, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time. As a condition of OddJobbers facilitating payment processing services through Stripe, you agree to provide OddJobbers accurate and complete information about you and, if applicable, your business, and you authorize OddJobbers to share it and transaction information related to your use of the payment processing services provided by Stripe.


    6. Customer Payments. As a Customer, we will charge your credit card according to the amount of all Jobs you scheduled through the OddJobbers Platform, which amount will include: (i) the Job Fee applicable to the Job that was offered by you upon Job Posting; (ii) any incidental expenses that were published in connection with the Services (e.g. dump fees); (iii) any expenses for materials and related delivery fee, if any, agreed to by and between you and your Providers through the OddJobbers Platform; and (iv) any tip or gratuity you elect to give to your Provider. You hereby authorize us to charge the credit card you provide for such amounts, if there is no filed complaint with respect to such service or if such complaint has been otherwise resolved as determined by OddJobbers in its sole discretion. We retain the right, in our sole discretion, to place a hold on your credit card for an ordered or completed Job transaction. Any such payments paid outside of the OddJobbers Platform are a violation of the terms of this Agreement.
    7. Except as approved by OddJobbers in its sole discretion, no refunds or credits will be provided once the Customer's credit card has been charged. While we will use commercially reasonable efforts to protect all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. OddJobbers is not responsible or liable for any taxes incurred in connection with a Job including taxes on a Provider’s income. Customers will be liable for all transaction taxes on the service provided (other than taxes based on the Provider’s income).

    8. Provider Payments. As a Provider, upon your satisfactory performance of a Job for your Customers as a self-employed service through the OddJobbers Platform, and upon your Customer’s payment for such Jobs through the OddJobbers Platform, you will receive the following: (i) the applicable Job Fee for the Job (net of the applicable Use Fee, as discussed below); (ii) any incidental expenses that were published in connection with a Job; (iii) any expenses for materials and related delivery fee, if any, as agreed to by you and your Customer through the OddJobbers Platform; and (iv) any tip or gratuity provided to you by your Customer. OddJobbers will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
    9. Notwithstanding the above, Providers may request an adjustment of their applicable Job Fees upon written notice to the attention of OddJobbers Support. Nothing set forth herein shall prohibit or otherwise restrict Providers from negotiating additional services with their Customer. OddJobbers reserves the right to withhold all or a portion of Job Fees if it believes you have attempted to defraud or abuse OddJobbers or OddJobbers’ payment systems.

    10. Use Fee. As a Provider, in exchange for permitting you to offer your Services through the OddJobbers Platform, you agree to pay OddJobbers (and permit OddJobbers to retain) a fee of up to twenty percent (20%) based on each transaction (the "Use Fee"). The amount of the applicable Use Fee will be communicated to you in the online OddJobbers documentation and/or on the Website. OddJobbers reserves the right to change the Use Fee at any time in OddJobbers’ discretion and OddJobbers will provide you with notice in the event of such change. Continued use of the OddJobbers Platform after any such change in the Use Fee calculation shall constitute your consent to such change.


    11. Promotions.OddJobbers, in its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Providers. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE ODDJOBBERS PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:


    12. OddJobbers Promo Codes. From time to time, OddJobbers will distribute unique alphanumeric codes or preloaded credits (“Promo Codes”) that can be redeemed by Customers for a set percentage or value off a Service (such percentage and value amount may be changed by OddJobbers without notice prior to redemption), but unless otherwise indicated, the Promo Code does not apply to platform fees, dump fees, tips or other fees and charges. Promo Codes are only redeemable for use on the OddJobbers Platform to be applied toward Services and are non-transferable or redeemable for cash value. Promo Codes must be applied prior to the submission of a request for a Service and cannot be applied to previously completed Services. Only one Promo Code can be used per Service and each unique Promo Code is limited 1 per User, per household, per service address, and any balance remaining on the Promo Code will be forfeited, unless otherwise agreed to by OddJobbers in its sole discretion. Promo Codes and other discounts cannot be combined with any other offers or promotions and may be limited in quantity. Promo Codes are subject to expiration and must be used within the amount of time stated by OddJobbers at the time the Promo Code is provided to you, but in no event later than (30) days from the date thereof; provided, however, that OddJobbers reserves the right in its sole discretion to extend the validity of a Promo Code beyond the stated expiration date. OddJobbers further reserves the right to withhold or deduct credits or other features or benefits obtained using a Promo Code by a User if OddJobbers determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use. Unless preloaded to a User account by OddJobbers in its sole discretion, Users must enter each Promo Code into their account for its appropriate value before a User can use that value on the OddJobbers Platform.


  3. Service Cancellation

    OddJobbers' cancellation policy for specific Jobs is as follows:

    1. Cancellation by Customer. As a Customer, you may cancel your scheduled Job through direct correspondence with Providers at any time.


    2. Cancellation by Providers. As a Provider, although you may cancel your scheduled Service appointments if absolutely necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your User account. If you are more than 15 minutes late for a scheduled appointment or fail to complete a scheduled Job, you shall be deemed to have cancelled such appointment. When you cancel a scheduled appointment, the OddJobbers Platform generally notifies your Customer to resubmit a Job Posting. OddJobbers cannot guarantee that a cancelled Job appointment will be selected by another Provider and rescheduled or that the Service request will be completed. Thus, your cancellation or failure to timely show up to perform a scheduled appointment could negatively impact your Customer and the OddJobbers Platform. As a result, such conduct may adversely impact your rating among Customers. CANCELLATION OF TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A 30-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR USER ACCOUNT.


  4. Ratings

    To help maintain the quality of the OddJobbers Platform, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. Customers will see Providers’ ratings before selecting a Provider for a job, thus each rating a Customer gives can have an impact on that Provider's future success on the OddJobbers Platform. In addition, Customers with a low star rating may not have their requests accepted.

  5. Communications

    By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us. If you wish to opt out of promotional emails, text messages, or other communications, you may opt out by following the unsubscribe options provided to you in such promotional communications. You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive text messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive autodialed or prerecorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of use of the OddJobbers Platform. Standard telephone minute charges may apply.

    We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the OddJobbers Platform for our business purposes, including to provide and improve customer service and the OddJobbers Platform, fraud prevention, and to identify violations of this Agreement.

  6. Job Locations

    To confirm a booking for a Job and for a Provider to fulfill your Job Posting, the Customer must provide an address of the Job. This information will be kept confidential and only communicated to a Provider if the Customer accepts a Provider’s offer to take the Job. By providing your address you agree to the use of marketing and promotional material to be delivered to that address.

  7. Accessing the OddJobbers Platform and Account Security

    We reserve the right to withdraw or amend the OddJobbers Platform, and any service we provide on the OddJobbers Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the OddJobbers Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the OddJobbers Platform, or the entire OddJobbers Platform, to Users for any reason or no reason. You are responsible for making all arrangements necessary for you to have access to the OddJobbers Platform.

    To access the OddJobbers Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. You may register to use the OddJobbers Platform by using your existing Facebook or Google account and log-in credentials (your “Third Party Site Password”). It is a condition of your use of the OddJobbers Platform that all the information you provide on the OddJobbers Platform is correct, current and complete. You agree that all information you provide to register with the OddJobbers Platform or otherwise, including but not limited to through the use of any interactive features on the OddJobbers Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the OddJobbers Platform or portions of it using your user name, password or other security information, including Third Party Site Password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

  8. Release

    THE SERVICE IS ONLY A PLATFORM FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, ODDJOBBERS IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE ODDJOBBERS (AND ODDJOBBERS’ OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  9. Limited License; Intellectual Property Rights

    The OddJobbers Platform is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use, OddJobbers hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-sublicensable license to: (a) access and use the Website and Internet Services-in each case solely for your own use or for the entity on whose behalf you are authorized to act.

    You may not modify, alter, reproduce, or distribute the OddJobbers Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the OddJobbers Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the OddJobbers Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the OddJobbers Platform or any content available through the OddJobbers Platform.

    The OddJobbers Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OddJobbers, its licensors or other owners of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

  10. Prohibited Uses

    You may use the OddJobbers Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the OddJobbers Platform:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To impersonate or attempt to impersonate a Provider, a Provider’s employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the OddJobbers Platform, or which, as determined by us, may harm OddJobbers or Users of the OddJobbers Platform or expose them to liability.


    • Additionally, you agree not to:

    • Use the OddJobbers Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the OddJobbers Platform, including their ability to engage in real time activities through the OddJobbers Platform.
    • Use any robot, spider or other automatic device, process or means to access the OddJobbers Platform for any purpose, including monitoring or copying any of the material on the OddJobbers Platform.
    • Use any manual process to monitor or copy any of the material on the OddJobbers Platform or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the OddJobbers Platform.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the OddJobbers Platform, the server on which the OddJobbers Platform is stored, or any server, computer or database connected to the OddJobbers Platform.
    • Attack the OddJobbers Platform via a denial-of-service attack or a distributed denial-of-service attack
    • Otherwise attempt to interfere with the proper working of the OddJobbers Platform.


  11. Digital Millennium Copyright Act

    We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service OddJobbers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the OddJobbers Platform, you may contact our team at info@oddjobbers.com.

    Any notice alleging that materials hosted by or distributed through the OddJobbers Platform infringe intellectual property rights must include the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    • a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
    • a description of the material that you claim is infringing and where it is located on the OddJobbers Platform;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the use of those materials on the OddJobbers Platform is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


    Repeat Infringers. OddJobbers will promptly terminate without notice the accounts of Users that are determined by OddJobbers to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 12 below) removed from the OddJobbers Platform at least twice.

  12. User Contributions

    The OddJobbers Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "post") text, photographs, images, or other materials (collectively, "User Contributions") on or through the OddJobbers Platform, including User-supplied profile pictures, job/service-related photos, and feedback relating to Services (“Feedback”).

    Any User Contribution you post to the site is subject to the governing provisions set forth in our Privacy Policy. User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the OddJobbers Platform, you hereby grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By posting or sharing User Contributions with other Users, to the fullest extent permitted under applicable law, you grant those Users a non-exclusive license to access and use those User Contributions as permitted by these Terms of Use and the functionality of the OddJobbers Platform.

    You represent and warrant that:

    • You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our licensees, successors and assigns and other Users.
    • Your User Contributions, and the use of your User Contributions as contemplated by these Terms of Use, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) be obscene, contain nudity, be harmful to minors, infected with viruses that are intended to detrimentally interfere with any data, or liability inducing to OddJobbers; or (iv) cause OddJobbers to violate any law or regulation.
    • All of your User Contributions do and will comply with this Agreement.


    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not OddJobbers, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the OddJobbers Platform.

    In exchange for the right to use the OddJobbers Platform, Users who post Jobs and submit Feedback hereby irrevocably grant to OddJobbers the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their Job Posting and Feedback in connection with the OddJobbers Platform:

    • the right to use Job Postings and Feedback in the advertising, marketing, and/or publicizing of the OddJobbers Platform to perform and improve upon the OddJobbers Platform; or
    • the right to exercise all copyright, publicity rights, and any other rights therein.


    Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases OddJobbers from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your Job Posting and Feedback.

  13. Monitoring and Enforcement

    We have the right to:

    • Remove or refuse to post any Job Posting for any or no reason in our sole discretion.
    • Take any action with respect to any Job Posting that we deem necessary or appropriate in our sole discretion, including if we believe that such Job Posting violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the OddJobbers Platform or the public or could create liability for OddJobbers.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the OddJobbers Platform.
    • Terminate or suspend your access to all or part of the OddJobbers Platform for any or no reason, including without limitation, any violation of this Agreement.


    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the OddJobbers Platform. YOU WAIVE AND HOLD HARMLESS ODDJOBBERS AND ITS AFFILIATES, LICENSEES, DIRECTORS, OFFICERS, INVESTORS, AGENTS, AND EMPLOYEESFROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    To the fullest extent permitted under applicable law, we are under no obligation to edit or control Job Postings that you or other Users post or publish, and we expressly disclaim any and all liability in connection with any User Job Posting or other User Contributions. OddJobbers may, at any time and without prior notice, screen, remove, edit, or block any User that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the OddJobbers Platform you will be exposed to Job Postings and contributions from a variety of sources and acknowledge that they may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against OddJobbers with respect to these Job Postings or contributions.

  14. User Disputes.

    We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at OddJobbers’ request, to participate in good faith, in a neutral resolution, mediation, or arbitration process conducted by OddJobbers or a neutral third-party mediator or arbitrator selected by OddJobbers. Notwithstanding the foregoing, you acknowledge and agree that OddJobbers is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.

  15. User Provisions

    1. Insurance. As a User, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate liability and other forms of insurance with policy limits sufficient to protect and indemnify you in connection with Services performed by Providers, whether you are a Provider or a Customer. You agree to release OddJobbers and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.


    2. Being a Provider. Before any Services are performed by any person, that person must become a registered, approved Provider on the OddJobbers Platform pursuant to OddJobbers’ policies as described herein. Users that utilize non-registered, non-approved personnel to assist with a service could have their permission to access the OddJobbers Platform revoked at the discretion of OddJobbers. Each Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the services whether or not the Provider is in violation of this policy.


    3. Equipment. As a Provider, you are solely responsible for any costs or expenses incurred by you in connection with the performance of any service, and in no event shall OddJobbers reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with services contracted through the OddJobbers Platform. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform a service, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.


    4. Representations. By offering to perform or performing a Job as a Provider on the OddJobbers Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of services and any payments received by you; and (vi) you will not attempt to defraud OddJobbers in connection with your provision of services.

    Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by OddJobbers in connection with the resolution of any property damage or other claims resulting from a Job you performed for a Customer, and (ii) that OddJobbers shall have the right to suspend your User account until OddJobbers has received payment in full for all such reimbursable amounts.

  16. Non-Circumvention.

    Within six (6) months after the last time a Provider schedules a Job with a Customer using the OddJobbers Platform, payment for any additional services provided to the same Customer by Provider shall be paid using the OddJobbers Platform, regardless of whether such services were arranged through the OddJobbers Platform. Provider and Customer shall be jointly and severally liable for the fees set forth in Section 2 for all services provided to such Customer in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Provider and Customer agree to pay all attorneys’ fees and costs OddJobbers incurs in collecting its fees from such Provider and/or Customer that breaches this non-circumvention provision.

  17. Third Party Services, Third Party Fees, and Linked Websites

    1. Access to Third Party Services. The OddJobbers Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, or charitable donation programs (collectively, "Third Party Services"), and may enable you to export information or content, including your or other Users’ contributions, to Third Party Services such as Twitter or Facebook, through a feature of the OddJobbers Platform. By using one of these features, you agree that OddJobbers may transfer that information or information to the applicable Third Party Service. OddJobbers does not have or maintain any control over Third Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third Party Services, OddJobbers does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third Party Services.


    2. Disclaimer of Liability for Third Party Services. Third Party Services may have their own terms of use and privacy policy, and your use of the OddJobbers Platform may incur third-party fees, such as fees charged by your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third Party Services, and you are solely responsible for all Third Party Services’ fees incurred by you for use of the OddJobbers Platform. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services and to protect your computer systems from viruses, worms, trojan horses and other harmful or destructive content that may be included on or with any Third Party Services. OddJobbers disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against OddJobbers with respect to any Third Party Services.


  18. Third Party Software

    Software you download in connection with the OddJobbers Platform consists of a package of components that may include certain third-party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the OddJobbers Platform in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third Party Software.

  19. Terms and Termination

    This Agreement is effective upon your creation of a User account. You may discontinue your use of the OddJobbers Platform or participation in any service at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the OddJobbers Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the OddJobbers Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or OddJobbers terminate your participation or access to the OddJobbers Platform.

  20. Changes to the OddJobbers Platform

    We may update the content on the OddJobbers Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the OddJobbers Platform may be out of date at any given time, and we are under no obligation to update such material.

  21. Information About You and Your Visits to the OddJobbers Platform

    All information we collect on this OddJobbers Platform is subject to our Privacy Policy. By using the OddJobbers Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  22. Confidential Information

    1. OddJobber's Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of OddJobbers and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than providing or obtaining Services, provided you may disclose Confidential Information to your employees and agents who are bound to maintain the confidentiality of such information and reasonably require access to such information. You shall promptly notify OddJobbers in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to OddJobbers upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of OddJobbers' trade secrets, confidential and proprietary information and all other information and data of OddJobbers that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.


  23. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the OddJobbers Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ODDJOBBERS PLATFORM LINKED TO IT.

    YOUR USE OF THE ODDJOBBERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM IS AT YOUR OWN RISK. THE ODDJOBBERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ODDJOBBERS NOR ANY PERSON ASSOCIATED WITH ODDJOBBERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ODDJOBBERS PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ODDJOBBERS NOR ANYONE ASSOCIATED WITH ODDJOBBERS REPRESENTS OR WARRANTS THAT THE ODDJOBBERS PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    ODDJOBBERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  24. Limitation on Liability

    IN NO EVENT WILL ODDJOBBERS, ITS AFFILIATES, ITS LICENSORS, OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ODDJOBBERS PLATFORM, ANY CONTENT ON THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE AGGREGATE LIABILITY OF ODDJOBBERS, ITS AFFILIATES, ITS LICENSORS, OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE ODDJOBBERS PLATFORM OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO ODDJOBBERS FOR ACCESS TO AND USE OF THE ODDJOBBERS PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO CLAIM; OR (B) $100.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION 24 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  25. Indemnification

    You agree to defend, indemnify and hold harmless OddJobbers, its affiliates, its licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the OddJobbers Platform, including, but not limited to, any use of the OddJobbers Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the OddJobbers Platform.

  26. Dispute Resolution; Arbitration of Claims

    Generally, in the interest of resolving disputes between you and OddJobbers in the most expedient and cost effective manner, YOU AND ODDJOBBERS MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ODDJOBBERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

    1. Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.


    2. Arbitrator. Any arbitration between you and OddJobbers, or its officers, directors, employees, contractors, agents, successors, or assigns will be resolved under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting OddJobbers.


    3. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). OddJobbers' address for Notice is: OddJobbers, Inc., 904 W Riverside Ave PO Box 1087 STE 109, Spokane, WA 99210. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or OddJobbers may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OddJobbers must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, OddJobbers will pay you the amount awarded by the arbitrator, if any.


    4. Fees. If you commence arbitration in accordance with this Agreement, OddJobbers will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Spokane, WA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse OddJobbers for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.


    5. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND ODDJOBBERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OddJobbers agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.


    6. Modifications to this Arbitration Provision. If OddJobbers makes any future change to this arbitration provision, other than a change to OddJobbers’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to OddJobbers’ address for Notice, in which case your account with OddJobbers will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.


    7. Enforceability. If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.


    8. Provider Opt-Out of Arbitration. For a Provider, arbitration is not a mandatory condition of this Agreement with respect to any dispute or claims brought by OddJobbers against a Provider, or for disputes or claims brought by a Provider against OddJobbers that: (i) are based on an alleged employment relationship between OddJobbers and a Provider; (ii) arise out of, or relate to, OddJobbers’ actual deactivation or suspension of a Provider account or a threat by OddJobbers to deactivate or suspend a Provider account; (iii) arise out of, or relate to, OddJobbers’ actual termination of a Provider’s Agreement with OddJobbers, or a threat by OddJobbers to terminate a Provider’s Agreement; or (iv) arise out of, or relate to, Job Fees (as defined in this Agreement, including OddJobbers’ Use Fee or tips, other than disputes relating to referral bonuses, other OddJobbers promotions, or consumer-type disputes (the subset of Claims in subsections (i)-(iv) shall be collectively referred to as “Provider Claims”).


    If you do not want to be subject to this Dispute Resolution provision with respect to Provider Claims, you may opt out by notifying the Company in writing of your decision, either by sending, within thirty (30) days of the date you receive this Agreement, (1) an electronic mail to info@oddjobbers.com, stating clearly your name and intent to opt out of this Dispute Resolution provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: OddJobbers, Inc. 904 W Riverside Ave PO Box 1087 STE 109, Spokane, WA 99210. To be effective, the letter under option (2) must clearly indicate your intent to opt out of this Dispute Resolution Provision and must be dated and signed. If hand delivered, the signed letter must be received within thirty (30) days of your receipt of this Agreement. If sent by mail, the letter must be post-marked with a date less than thirty (30) days from the date you receive this Agreement. Should you choose not to opt out of this Dispute Resolution Provision within the 30-day period, you and OddJobbers will be bound by the terms of this Dispute Resolution Provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution Provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution Provision.

  27. Governing Law; Jurisdiction

    Except as set forth in Section 26 entitled "Dispute Resolution; Arbitration of Claims,” this Agreement is governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 26 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Spokane County, Washington, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  28. Waiver and Severability

    No waiver by OddJobbers of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OddJobbers to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

    If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

  29. Development and Testing

    For purposes of developing and testing the OddJobbers Platform, on occasion an OddJobbers representative may schedule or perform a Job on the OddJobbers Platform within the Spokane market. On such occasions, the contract for such Job shall be between OddJobbers and such Customer and shall be governed by the applicable terms of this Agreement, including, but not limited, to Section 26 above.

  30. Entire Agreement

    These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and OddJobbers with respect to the OddJobbers Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the OddJobbers Platform.

  31. Assignment

    This Agreement may not be assigned or transferred by you without OddJobbers’ prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by OddJobbers, in our sole discretion, in accordance with the "Notice" section of this Agreement.

  32. No Agency

    You are not an employee or agents of Oddjobbers , and no partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement. Providers provide services directly to Customers and are free to accept or decline Jobs listed on the OddJobbers Platform. Providers are not restricted from providing services outside the OddJobbers Platform, including via competing virtual marketplaces. Providers therefore may choose between different service opportunities and competing virtual platforms and exercise managerial discretion in order to maximize their profits.

  33. Comments and Concerns

    All other feedback, comments, requests for technical support and other communications relating to the OddJobbers Platform should be directed to: info@oddjobbers.com

  34. Notices

    Except as explicitly stated otherwise, any notice to OddJobbers shall be given by certified mail, postage prepaid and return receipt requested to:

    OddJobbers, Inc.

    P.O. Box 1087

    904 W Riverside Ave Ste. 109

    Spokane, Washington 99210

    Attn: Legal

    Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the OddJobbers Platform or given to you via the email address you provided to OddJobbers during the registration process or as otherwise listed in your User account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OddJobbers during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

  35. Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time in our sole discretion. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, you will be required to accept the modified Terms of Use to continue to use the OddJobbers Platform. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Use will be resolved in accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

    I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE ODDJOBBERS PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.